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All Journal Veritas et Justitia Priviet Social Sciences Journal Warkat
Riskawati, Shanti
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Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Hambatan Pelaksanaan Hasil Mediasi Antara Pengembang Perumahan Di Yogyakarta Dan Konsumen: Hindrance To Implementation Of The Results Of The Mediation Between Housing Developer And Consumers Salsabila, Shindy Nabila; Sulistyarini, Rachmi; Riskawati, Shanti
Warkat Vol. 3 No. 1 (2023): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v3n1.1

Abstract

This research studies the hindrance to the implementation of the result of mediation between a housing developer and consumers facilitated by the Ombudsman of the Special Region of Yogyakarta. This case has been handled by the ombudsman since early 2019, while the agreement outlined in the memorandum of understanding fails to be implemented. Article 6 paragraph (6) and Article 6 Paragraph (7) of Law Number 30 of 1999 concerning Dispute Resolution Arbitration and Alternative (UU APS) has set a provision implying that mediation is implemented within 30 days, and this provision is outlined in a written agreement which is binding and final to all parties who are required to enforce this provision with good faith. This mediation is to be registered to a local District Court. However, there are two impeding factors such as procedural and substantive matters. The procedural matters are related to the absence of the basis of the law that states that the ombudsman complies with UU APS regarding the mediation. On the other hand, substantive factors are triggered by insufficient funds owned by the developer, the dominant bargaining position possessed by a consumer, and lack of understanding of the parties involved in the dispute regarding the legal principles and limited role of mediators.
PERATURAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2015 TENTANG TATA CARA PENYELESAIAN GUGATAN SEDERHANA SEBAGAI INSTRUMEN PERWUJUDAN ASAS PERADILAN SEDERHANA, CEPAT DAN BIAYA RINGAN Riskawati, Shanti
Veritas et Justitia Vol. 4 No. 1 (2018): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v4i1.2917

Abstract

There is a need to conduct business transactions rapidly and in a quick perfunctory manner.  At the same time arose also the need to develop and implement a quick, simple and cost efficient business dispute settlement procedure.  In response to this need, the Indonesian Supreme Court issued regulation no. 2 of 2015 re. procedure for filing simple civil claims. The legal issue to be discussed here, using a juridical normative or dogmatic approach, is whether this regulation succeed in fulfilling its promise to provide for a quick, simple and cost efficient civil claim examination procedure? The answer to this question is sought, in addition to the method mentioned above, by comparing the procedure provided by the Supreme Court regulation with the existing model of civil claim court examination procedure.  By virtue of this comparison the strength and weakness of the Supreme Court dispute settlement model can be analyzed.
The effectiveness of the regulation of goods and services procurement through the Electronic Procurement Service Information System (SILAPETRO) as an instrument of good university governance at Universitas Brawijaya Riskawati, Shanti; Afwija, Zahwa Maulidina
Priviet Social Sciences Journal Vol. 6 No. 1 (2026): January 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i1.1454

Abstract

Universitas Brawijaya, a state university that previously operated as a Public Service Agency (Badan Layanan Umum), officially transformed into a Legal Entity State University (Perguruan Tinggi Negeri Berbadan Hukum, PTN-BH) in October 2021. This change in institutional status granted the university the autonomous authority to formulate and enact internal regulations, including those governing the procurement of goods and services. In exercising such authority, Universitas Brawijaya has enacted several Rector Regulations regulating the procurement of goods and services, inter alia, Rector Regulation of Universitas Brawijaya Number 98 of 2021 as amended by Rector Regulation Number 106 of 2022, as well as Rector Regulation Number 36 of 2022 concerning the Technical Guidelines for the Procurement of Goods/Services. Efforts to enhance the effectiveness and efficiency of goods and services procurement management have been pursued through the implementation of an electronic procurement system utilizing the Electronic Procurement Service Information System (Silapetro). Nevertheless, after nearly three years of implementation, various issues remain evident in terms of the regulatory framework and the practical execution of goods and services procurement at Universitas Brawijaya. Based on these circumstances, this study aims to examine and analyze the effectiveness of the regulation of goods and services procurement through Silapetro as an instrument for implementing the principles of Good University Governance at Universitas Brawijaya. This research employs a normative juridical method with a qualitative juridical approach, focusing on the analysis of primary legal materials, particularly Presidential Regulation Number 16 of 2018, as amended by Presidential Regulation Number 12 of 2021, as well as the relevant Rector Regulations governing goods and services procurement at Universitas Brawijaya.
Co-Authors Rachmi Sulistyarini Salsabila, Shindy Nabila Zahwa Maulidina Afwija